RICHARD SENCHERY
V.
KWABENA AGYEI & ANOTHER

(2019) JELR 65293 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO.: H1/57/2017 ·  29 Apr 2019 ·  Ghana
CORAM
OWUSU J.A. (PRESIDING), DZAMEFE J.A.,WELBOURNE J.A
Core Terms Beta
plaintiff
counsel
richard wireko
land
appeal
disputed plots
trial judge
c. i.
trial court
disputed land
rejection of the valuation report
above submissions
civil procedure
cross-examination
decision of the circuit court
evidence act
otumfour osei tutu ii
plaintiff’s claim
tendering of the valuation report
9-paragraph statement of claim
additional ground of appeal
additional grounds of appeal
attitude plaintiff
brief background of this case
case of the plaintiff
confirming party
court finds
court rules
effective date
favour of the adakojachie stool
favour of the defendants
following grounds
issue of the value of the property
kwamo chief
plaintiff’s defence wall
plot nos
properties of the plaintiff
purchase price
receipt of the record of appeal
respect of the said plot no.
said judgment
valid grant

MARIAMA OWUSU, J.A.

This is an appeal against the decision of the Circuit Court, Kumasi dated the 10th of March, 2016. In the said judgment, the trial court held amongst other things as follows:

“That is why the court cannot declare that plot Nos. 134 ‘A’ and 134 ‘B’ are the properties of the plaintiff. The plaintiff’s claim (a) falls as the court finds that 2nd defendant’s allocation of the disputed plots has no effect in law. With relief (a) crumbling, all the other related reliefs (b), (c) and (d) fall as well and therefore the court rules that the plaintiff is not entitled to his reliefs.

The court has been silent on the plaintiff’s claim that 1st defendant destroyed the disputed plots. 1st defendant destroyed plaintiff’s defence wall and blocks because the attempt by PW2 Prince Nicholas Nkrumah who described himself as a quantity surveyor to lead evidence on that claim failed miserably. It is however not in dispute that plaintiff paid consideration for the plots he bought from the 2…

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